Policy 'Outing' LGBTQ+ Students At Morris Co. School Blocked By Judge

HANOVER, NJ — A judge has barred a Morris County school district from enacting a contentious policy that would require the district to inform parents of specific student behavior, citing worries that LGBTQ+ students could be outed against their choice.

For months, the New Jersey Attorney General's Office and the Hanover Township School District have been at odds over the implementation of a school policy requiring teachers to notify parents if they become aware of any behavior displayed by children that could have an "adverse impact" on their well-being.

On Friday, Superior Court Judge Stuart Minkowitz temporarily blocked the policy, which was first implemented in May but then altered by the district after Attorney General Matthew Platkin sued the district.

"We are pleased the Superior Court has again prohibited the parental notification policies enacted by the Hanover Board of Education in May 2023 and June 2023 from taking effect while the case challenging these policies is ongoing," Platkin said.

According to the Attorney General's Office, the Superior Court found “clear and convincing evidence” that these policies likely violate the New Jersey Law Against Discrimination (LAD) and that the policies could result in harm to students.

"Thus, even though protected status may only be part of the consideration, the Board has, nevertheless, opened the door to differential treatment based upon a student's protected class, creating a condition where staff members and administrators may engage in activities violative of the LAD," Minkowitz wrote in the order. "Students may be subject to irreparable harm should the revised policy be enforced," he added.

The Hanover Township School District held a special meeting in June where they announced that they had revised and replaced a new “parental notice” policy.

The initial "Parental Notice of Material Circumstances" policy required teachers to report any facts or circumstances that may have a material impact on a student's well-being due to a variety of factors to parents and school administrators.

Among those factors originally included sexual orientation, gender identity and gender expression.

At a court hearing on May 30, the two parties appeared before State Superior Court Judge Stuart Minkowitz, who, according to NJ Advance Media, asked the parties to come to an agreement on policy revisions while he deliberated.

After that hearing, the school district made revisions to the policy, removing all mentions of gender identity and sexual orientation.

However, a restraining injunction prevented the Hanover district and school board from implementing the updated policy. The injunction on Friday was granted because the policy could put LGBTQ+ kids at risk of being exposed by staff without their consent, affecting the civil rights of LGBTQ+ students," Platkin said.

This week, the Hanover Township Board of Education released a statement addressing the injunction, noting that the ruling was "astonishing."

"Judge Minkowitz enjoined Hanover Township Public Schools from enforcing, implementing or otherwise giving effect to a common-sense parental notification policy (Policy 8463: Parental Notice Required and accompanying Regulation) that simply requires administrators and staff to inform parents whenever a student discloses an issue or exhibits behaviors that may have an adverse impact on the child’s health, safety or well-being," the board said.

The Hanover Township Board of Education said that they were "disappointed" by the judge's refusal to confront the issue head-on and apply "well-settled constitutional law" to the governor’s and attorney general’s overreaching imposition of their "progressive ideology" on public schools.

Hanover Township has previously stated that this matter has solely to do with parental rights and does not aim to discriminate against any student based on any protected status.

The Morris County school district was the first district in the state to enact such a policy, which ran counter to state recommendations on transgender students.

Current state policy does not require schools to inform parents about their students' gender identity or expression, and this information is expected to be kept private unless required by law.

"As I have said before, the state has always respected the rights of parents and agrees that parents should be involved in important decisions regarding their children. It has never sought and will never seek a 'ban' on parental notification. As the Superior Court itself recognized, the state’s lawsuit 'is not targeting parental rights,'" Platkin said.

Platkin contended that the state's litigation just aimed to restore a status quo that has been in place for years without incident—a status quo that respects the need for parents to be informed about their children as well as the civil rights of LGBTQ+ kids.

Recently, the Hanover Township School District also made headlines after repealing policy 5756, which was implemented by the state in 2018 and barred parents from being alerted if their child was transgender.

Hanover Township adopted the policy in March 2019; however, recent comments by state officials indicated that the policy is not required, sparking conversations around the state about the policy's impact on parental rights.

"Any school districts that repeal Policy 5756 must be mindful of their legal obligation to follow the LAD. As the Superior Court notes, 'the LAD remains the law of the land' – and while Policy 5756 is not mandatory, following the LAD is," Platkin said.

In response, the Hanover Board of Education said they will continue to fight against the state in this matter.

"Rest assured, the Hanover Township Board of Education remains steadfast in our resolve to fight against the state’s hostility towards families and their calculated efforts to make our schools the battleground for their radical, politically driven ideology. And we will prevail," the board said.